M 07-06-82TOWN COUNCIL MEETING
July 6, 1982
TOWN COUNCIL
The Town Council of Los Gatos met in the Council Chambers of the Town Hall at 7:40
p.m., in regular session.
ROLL CALL
PRESENT: Ruth Cannon, Thomas J. Ferrito, Marlyn J. Rasmussen, and Mayor Peter
W. Siemens.
ABSENT: Brent N. Ventura
PLEDGE OF ALLEGIANCE
Given by all in attendance.
APPOINTMENT LIBRARY BOARD
It was noted there were two vacancies on the Library Board and only applicants for the
vacancies were the incumbents. Mrs. Cannon moved to reappoint the incumbents
William Balch and Alberta Stoefen to the Library Board for another three year term.
Mrs. Rasmussen seconded. Unanimously carried.
APPOINTMENTS-YOUTH ADVISORY COMMISSION
Council authorized the Clerk to readvertise for one vacancy of adult member on the
Youth Advisory Commission. The closing date for accepting application will be
September 15, 1982 and interviews will be held September 20, 1982 prior to the Council
meeting.
EXECUTIVE SESSION
Mayor Siemens reported on the June 21st closed session meeting at which time
Council discussed Villa Vasona litigation and no action was taken. Mayor Siemens
reported on the July 6th closed session meeting at which time Council discussed
personnel matters; labor relations; the settlement of Pedro's litigation; pending litigations
and authorized legal action be taken to stop an illegal residence construction on the
hillsides.
BID AWARD-BUS STATION PHASE 1 AND PHASE 11 PROJECT 275
Mrs. Rasmussen moved to accept staff recommendation and award the contract for
Phase 1 to the low bidder, Facilities Leasing Company, in the amount of $37,196.00
and Phase 11 to the low bidder, William G. Blomquist, in the amount of $37,373.50 and
authorize the Mayor to sign the contracts on behalf of the Town. Mrs. Cannon
seconded. Carried unanimously.
WRITTEN COMMUNICATIONS (REFERRAL/FILE
a. Letter from William Meyer, regarding a change in zoning of a parcel located at the
corner of Saratoga and University Avenues. Mrs. Cannon moved to hold this until
Council hearing on July 26, 1982. Mr. Ferrito seconded. Carried unanimously.
b. Letter from Donal F. O'Regan, regarding a change in zoning of a parcel located at
469 Wraight. Mrs. Cannon moved to hold this until the Council hearing on July 26,
1982. Mr. Ferrito seconded. Carried unanimously.
c. Letter from James D. Lewis regarding handicapped access to the Los Gatos Athletic
Club. Mrs. Cannon moved to refer this to the Town Attorney. Mr. Ferrito seconded.
Carried unanimously.
EMPLOYEES' PSYCHOLOGICAL SERVICES
Mrs. Cannon moved to adopt Resolution No. 1982-127 entitled, A RESOLUTION OF
THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO NEGOTIATE
AND EXECUTE A CONTRACT WITH HUMAN SERVICES, INC. FOR THE
PROVISION OF AN EMPLOYEES' PSYCHOLOGICAL SERVICES PROGRAM. Mr.
Ferrito seconded. Carried by a vote of three ayes. Mrs. Rasmussen voting no.
SENIOR DAY CARE CENTER
Mrs. Cannon moved to adopt Resolution No. 1982-128 entitled, A RESOLUTION OF
THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO ENTER
INTO A CONTRACT WITH THE LOS GATOS UNITED METHODIST CHURCH FOR
THE EXPENDITURE OF HCD FUNDS TO PROVIDE A SENIOR ADULT CARE
CENTER. Mr. Ferrito seconded. Carried unanimously.
WINCHESTER BOULEVARD IMPROVEMENTS PROJECT 263
Mrs. Cannon moved to accept staff recommendation and acknowledge the receipt of
bids but postpone award of the contract pending resolution of right-of-way negotiations.
Mr. Ferrito seconded. Carried unanimously.
TRANSIT ASSIST STATION WAGON
Mrs. Cannon moved to accept staff recommendation and amend FY1982-83
miscellaneous revenues in the amount of $8,731.07 and appropriate this amount to the
Community Programs Department budget. Mr. Ferrito seconded. Carried unanimously.
BIDS FOR MONTCLAIR STORM DRAIN-PROJECT 262-SD
Mrs. Cannon moved to adopt Resolution No. 1982-129 entitled, RESOLUTION OF THE
TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS AND
SPECIFICATIONS FOR MONTCLAIR STORM DRAIN PROJECT 262-SD, and
authorize the Town Clerk to advertise for bids. Mr. Ferrito seconded. Carried
unanimously.
PARKING-RESTRICTION BELMONT AVENUE
Mrs. Cannon moved to adopt Resolution No. 1982-130 entitled, PARKING
RESTRICTION-BELMONT AVENUE. Mr. Ferrito seconded. Carried unanimously.
CHURCH & E. MAIN STREETS-PARKING RESTRICTION
Mrs. Cannon moved to adopt Resolution No. 1982-131 entitled, PARKING
RESTRICTION-MAIN STREET. Mrs. Cannon seconded. Carried unanimously.
A. MACER RESPONSE
Mrs. Cannon moved to accept staff recommendation and advise Ms. Macer that
responsibility for the section of Pollard Road is shared by the Town, the County and the
City of Campbell and that a joint project for road improvements are under consideration.
Mr. Ferrito seconded. Carried unanimously.
PUBLIC HEARING SCHEDULE
Council information only.
COUNTY REFERRALS
Mrs. Cannon moved to accept staff recommendation on the following:
12S77.25 Loma Prieta Rd. Lago Lomita Ltd. Modification to road for approved 4-lot
subdivision no comment.
1374-30-52-81B-81P 16400 Englewood Avenue Beadle Appeal of County Planning
Commission Decision will be heard before the Board of Supervisors Tuesday, July 13.
Mr. Ferrito seconded. Carried unanimously.
MONTHLY PLANNING REPORT
Council information only.
HISTORIC STREET NAMES
It was consensus of Council to hold this. Mayor Siemens to send letter to various
organizations and schools asking for input on establishing a list of historic names to be
used for naming new streets in Los Gatos.
WEED ABATEMENT CHARGES
Mrs. Cannon moved to adopt Resolution No. 1982-132 entitled, A RESOLUTION
ADOPTING REPORT DESCRIBING PARCELS OF REAL PROPERTY, AND
SHOWING AMOUNT OF WEED ABATEMENT CHARGES TO BE COLLECTED ON
THE TAX ROLL OF THE TOWN OF LOS GATOS IN THE COUNTY OF SANTA
CLARA, FOR THE FISCAL YEAR 1981-82. Mr. Ferrito seconded. Carried
unanimously.
MTC REIMBURSEMENT
Council information only.
FEDERAL REVENUE SHARING
Mrs. Cannon moved to adopt Resolution No. 1982-133 entitled, A RESOLUTION OF
THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO NEGOTIATE
AND EXECUTE CONTRACTS WITH FEDERAL REVENUE SHARING RECIPIENTS
FOR FISCAL YEAR 1982-1983. Mr. Ferrito seconded. Carried unanimously.
COMMENDATION SGT. MITCHELL
Mrs. Cannon moved to adopt Resolution No. 1982-134 entitled, A RESOLUTION
COMMENDING SGT. TOM MITCHELL. Mr. Ferrito seconded. Carried unanimously.
STOP SIGN WEDGEWOOD AVENUE
Mrs. Cannon moved to accept staff updated report of traffic enforcement on
Wedgewood Avenue and the stop signs located at the intersection of Lora, Mulberry
and La Rinconada Drive, and direct staff to continue traffic enforcement. Mr. Ferrito
seconded. Carried unanimously.
JOB CLASSIFICATIONS
Mrs. Cannon moved to adopt Resolution No. 1982-135 entitled, A RESOLUTION OF
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING REVISED JOB
CLASSIFICATION DESCRIPTIONS. Mr. Ferrito seconded. Carried unanimously.
COUNTY HILLSIDE DEVELOPMENT
Mrs. Cannon moved to accept staff recommendation and continue consideration until
staff has had an opportunity to discuss the matter with the County Counsel's office. Mr.
Ferrito seconded. Carried unanimously.
MINUTES
Mrs. Cannon moved the minutes of June, 21, 1982 be approved as submitted. Mrs.
Rasmussen seconded. Carried unanimously.
WRITTEN COMMUNICATIONS (FOR ACTION)
a. Request from the Senior Coordinating Council to retain balance of 1981-82 Revenue
Sharing allocation. After some discussion Mayor Siemens moved to accept staff
recommendation and deny the request and the $5,000.00 balance be put into General
Revenue Sharing contingency and be designated for use by Coordinating Council for
activities. Mrs. Cannon seconded. Carried by a vote of three ayes. Mrs. Rasmussen
abstained.
b. Letter from Dr. Fred Mansubi requesting reopening of hearing for Zone Change
Application Z-81-10 for 15011 National Avenue. Mrs. Rasmussen moved request be
denied as reopening of hearings is not current policy. Mrs. Cannon seconded.
Unanimously carried.
PAYROLL AND WARRANT DEMANDS
Mrs. Rasmussen moved Council approve the June payroll in the amount of $291,007.98
and June warrant demands in the amount of $386,342.18. Mr. Ferrito seconded.
Carried unanimously.
CERTIFICATE-RESULTS OF JUNE 8, 1982 ELECTION
Mrs. Rasmussen moved to adopt Resolution No. 1982-136 entitled, RESOLUTION
DECLARING THE RESULTS OF THE SPECIAL MUNICIPAL ELECTION HELD JUNE
8, 1982.
WHEREAS, a Special Municipal Election was held in the Town of Los Gatos on
Tuesday, the 8th day of June, 1982, and was conducted in the form and manner as
required by the laws of the State of California governing the elections of General Law
Cities, now therefore, declares:
The total number of registered voters was 16,778. The total number of votes cast was
8,947 including absentee ballots for two (2) measures submitted to the voters as
follows:
Measure F
"Shall the regular Town Municipal Elections be consolidated with either:
General Statewide and National Elections held in November of even numbered years,
OR
Local School District Elections held in November of odd-numbered years?"
Measure G
"Shall the Town, pursuant to Article 34 of the California State constitution, enter into an
agreement what would provide for the private construction of federally subsidized
exclusively senior and handicapped housing units on the Villa Vasona site, bounded by
Knowles Drive and Parr Avenue in the Town of Los Gatos?"
The votes cast, together with the absentee votes, in the entire Town and received in
each of said precincts, are as follows:
MEASURE F MEASURE G
PRECINCT NOV. EVEN NOV. ODD VILLA VASONA SR. HOUSING
NO. YEARS NO. YEARS YES NO
-----------------------------------------------------------------------------------------
3740 135 59 121 85
3743 202 73 141 141
3744 142 56 121 84
3745 206 77 113 175
3746 186 97 118 166
3747 184 65 109 152
3748 176 82 154 118
3749 207 83 163 139
3750 212 95 183 137
3753 183 95 143 131
3754 216 107 154 173
3756 255 160 225 204
3757 153 96 142 113
3758 173 44 87 141
3762 30 9 22 19
3763 175 86 154 116
3764 161 77 136 109
3765 172 73 141 116
3766 140 85 131 102
3769 130 84 119 103
3771 184 78 131 143
3772 211 110 201 134
3774 197 85 165 131
3776 283 131 152 227
3777 208 123 165 174
3778 239 109 156 188
3779 168 105 167 117
3780 109 72 88 96
Absentee 272 91 183 181
TOTALS: 5259 2507 4085 3915
RESOLVED FURTHER:
That the Town Clerk shall enter upon the records of this Town Council the results of
said Special Municipal Election held June 8, 1982.
PASSED AND ADOPTED this 6th day of July, 1982 by the following vote:
AYES: COUNCIL MEMBERS: Ruth Cannon, Thomas J. Ferrito, Marlyn J. Rasmussen
and Mayor Peter W. Siemens
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Brent N. Ventura
ABSTAIN: COUNCIL MEMBERS: None
SIGNED:
Peter W. Siemens
Mayor of the Town of Los Gatos
ATTEST:
Rose E. Aldag
Clerk of the Town of Los Gatos
Mrs. Cannon seconded. Unanimously carried.
FEES FOR CANDIDATES
Discussion was held as to determination of fees for candidates filing of statement of
qualifications. Mrs. Rasmussen moved to waive fees and no costs be assessed for
candidates for the November 2, 1982 election. Mrs. Cannon seconded. Carried by a
vote of three ayes. Mr. Ferrito abstained.
BALLOT MEASURE FOR NOVEMBER ELECTION
Town Manager informed Council of requirements for placing a measure regarding
increase of Hotel/Motel tax on the November 2, 1982 ballot. This requires a public
hearing be held and said hearing had been scheduled for July 19, 1982. After said
hearing then wording for a ballot measure would be decided. Mr. Ferrito moved this be
continued to July 19, 1982 at which time a public hearing will be held. Mrs. Cannon
seconded. Carried unanimously. Mrs. Rasmussen asked for written statement from the
Election Code regarding candidates filing date for November 1982 election and also the
closing date and whether the recall election will in any way effect this ruling.
BANDOV APPEAL
Mayor Siemens stated this was the time and place duly noted for continued public
hearing to consider an application for tentative map for a 4- lot subdivision at 17962
Daves Avenue. As reported by staff the applicants have been working with the City of
Monte Sereno regarding street alignment and to date this has not been resolved and
applicant has requested continuance to August 2, 1982. Mrs. Cannon moved request
be granted and this be continued to August 2, 1982. Mrs. Rasmussen seconded.
Carried unanimously.
TELEPROMPTER CABLE TV SERVICE
Mayor Siemens stated this was the time and place duly noted for continued public
hearing regarding Teleprompter correcting the conditions as noted in the Hammett &
Edison's technical audit. Dr. Serena Wade, San Jose State University Professor, made
a presentation to Council regarding survey undertaken by her students. Council
commended Dr. Wade on said survey. Mr. Paul Morbeck, District Manager for
Teleprompter, distributed to Council a report regarding problems detected by Hammett
and Edison audit and the corrective actions taken by Teleprompter. Mr. Morbeck stated
his firm is in compliance with the Town ordinance and wishes to improve the quality of
the service and would gladly meet with staff to work out any further problems.
Discussion was held regarding Town's conditions of granting franchise. Other people
speaking on the poor service received from Teleprompter were Al Hinds, Rick Melzig
and Larry Goldsteen. After further discussion, Mrs. Cannon moved to continue this to
July 19, 1982. Mrs. Rasmussen seconded. Carried unanimously.
REVISED FEE SCHEDULE-PLANNING, ENGINEERING & POLICE DEPT'S
Mayor Siemens stated this was the time and place duly noted for public hearing
regarding revised fee schedule for Planning, Engineering and Police Departments.
Carol Conners, representing the Los Gatos Saratoga Board of Realtors, spoke in
opposition to some of the proposed fee changes and the lack of charging a fee for filing
an appeal. No one else wished to speak. Mrs. Rasmussen moved hearing be closed.
Mr. Ferrito seconded. Carried unanimously. Mr. Ferrito moved Council adopt
Resolution No. 1982-137 entitled, RESOLUTION ESTABLISHING A FEE SCHEDULE
FOR ZONING, CALIFORNIA ENVIRONMENTAL QUALITY ACT, SUBDIVISION
PROCEEDINGS AND VARIOUS ENGINEERING SERVICE. Mrs. Rasmussen
seconded. Carried unanimously.
Mr. Ferrito moved reading be waived for ORDINANCE OF THE TOWN OF LOS
GATOS AMENDING THE TOWN CODE CONCERNING DRAINAGE AND STREET
TREE FEES. Mrs. Rasmussen seconded. Carried unanimously.
Mr. Ferrito moved reading be waived for AN ORDINANCE AMENDING SECTION
7.01.170(b) OF THE TOWN CODE RELATING TO BUILDING PLAN CHECK FEES.
Mrs. Rasmussen seconded. Carried unanimously.
Mr. Ferrito questioned the cost recover on issuance of concealed firearms permit and
secondhand dealer permits. Mr. Ferrito moved to reopen the public hearing and refer
the proposed resolution regarding fees for certain Police Department services back to
staff for review. Mrs. Cannon seconded. Carried unanimously.
CHANGE ELECTION DATE
Mr. Ferrito moved to adopt Ordinance No. 1541, entitled ORDINANCE ADDING
SECTION 2-3.4 TO THE TOWN CODE CHANGING THE DATE OF GENERAL
MUNICIPAL ELECTIONS TO THE DAY OF THE STATEWIDE GENERAL ELECTION.
Mrs. Cannon seconded. Carried unanimously.
AU APPEAL
Mrs. Rasmussen moved to adopt Resolution No. 1982-138 entitled, RESOLUTION
DENYING AN APPEAL FROM THE TOWN PLANNING COMMISSION. Mr. Ferrito
seconded. Carried unanimously.
TEXERA-APPEAL
Mrs. Rasmussen moved to adopt Resolution No. 1982-139 entitled, RESOLUTION
GRANTING APPEAL FROM PLANNING COMMISSION (749 Pollard Road-Texera
Construction Co., Inc.). Mrs. Cannon seconded. Carried unanimously. Mr. Ferrito
suggested Planning Director send copies of the adopted Resolutions on appeals to
Planning.
MOU-AFSCME
James Schoenborn, employee, spoke to Council requesting that MOU be made
retroactive to July 1, 1982. P. Regehr, Business Agent Representative of Local #101,
also spoke in protest of being penalized because the MOU was signed before June 30,
1982. Mrs. Rasmussen moved to adopt Resolution No. 1982-140 entitled, A
RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN
THE TOWN OF LOS GATOS AND AFSCME LOCAL 101, CORPORATION YARD
UNIT. Mrs. Cannon seconded. Carried unanimously. Mr. Ferrito moved to amend the
motion to make the agreement retroactive to July 1, 1982. Mayor Siemens seconded.
Amendment failed with Mrs. Cannon and Mrs. Rasmussen voting no. The vote on the
original motion carries unanimously.
SALARY AND POSITION CONTROL
Mrs. Cannon moved to adopt Resolution No. 1982-141 A RESOLUTION AMENDING
RESOLUTION 1982-122, "A RESOLUTION ADOPTING SCHEDULES OF
AUTHORIZED POSITIONS AND SALARIES FOR FISCAL YEAR 1982-83. Mrs.
Rasmussen seconded. Carried unanimously.
RECESS
Mayor Siemens declared a recess. Meeting reconvened at 9:50 p.m.
FIVE CENT GAS TAX PROPOSAL
Peter Giles representing Highway Financing Task Force, spoke to Council on the
proposed November ballot proposition of a 5 cents gas tax increase and spoke on other
cities who have taken action on this. Mrs. Rasmussen moved to accept staff
recommendation and approve the draft ballot measure and the 'Agreement' in concept,
but only with the suggested changes relating to the Route 85 Corridor. Mrs. Cannon
seconded. Carried by a vote of three ayes. Mr. Ferrito voting no.
BUDGET FY82-83
Council information only. Note and file.
SANTA CLARA COUNTY CUTBACKS
Council information only.
BROADWAY EXTENSION
Mrs. Rasmussen moved to adopt Resolution No. 1982-142 entitled, BROADWAY
EXTENSION DEDICATION AND ACCEPTANCE, with the word "maintenance" deleted
from the last paragraph. Mr. Ferrito seconded. Carried unanimously.
POLICE ALARM ORDINANCE
Mrs. Rasmussen moved to adopt Ordinance No. 1542, entitled ORDINANCE OF THE
TOWN OF LOS GATOS ADDING CHAPTER 34 TO THE TOWN CODE PROVIDING
FOR REGULATION OF POLICE ALARMS AND IMPOSING A SERVICE CHARGE
FOR THE CAUSING OF MORE THAN FOUR FALSE, ALARMS IN A SIX MONTH
PERIOD. Mrs. Cannon seconded. Carried unanimously.
TREE MAINTENANCE AND RETENTION
Mrs. Cannon moved to approve the attached Typical Tree Maintenance Agreement in
concept and authorize the Town Manager to sign individual agreements on behalf of the
Town. Mr. Ferrito seconded and requested an amendment to the motion to include "If
any legal action must be instituted to enforce the agreement, the prevailing party would
be entitled to attorney's fees". Mrs. Cannon accepted the amendment. Carried
unanimously.
COMMUNITY EVENTS
Mrs. Cannon moved the downtown Christmas decoration be put into fund raising
category. Mrs. Rasmussen seconded. Carried by a vote of three ayes. Mr. Siemens
voting no. Dan Brown, member of Jaycees, asked for Town review of said cost. Sue
LaForge spike on cost by the Chamber for the Christmas lights. Mr. Diesner, President
of Lions Club, spoke on cost by Lions and feels they would like to negotiate various
costs and can lower any cost to the Town. William Regan of Kiwanis Club, spoke on
activity of Kiwanis and donations to various clubs and organizations. Mayor Siemens
moved Cats Hill Race into first category. Mrs. Rasmussen seconded. Carried
unanimously. Mrs. Rasmussen moved to approve the concept as amended of full cost
recovery for community events that are fund raising/private benefit in purpose; and
approve the concept of Town support for non-fund raising community events to be
provided from General Revenue Sharing, or a specific General Fund allocation for
Transit Occupancy Tax revenues. Mayor Siemens seconded. Carried by a vote of
three ayes. Mrs. Cannon abstained.
HOURLY EMPLOYEES
Mrs. Rasmussen moved to accept staff recommendation and make no change in
current policy of not providing benefits to hourly employees. Mrs. Cannon seconded.
Carried by a vote of three ayes. Mr. Ferrito voting no. This issue will be reevaluated at
a later date.
TRANSIT ASSIST
Mrs. Cannon moved to authorize staff to notify Transit Assist riders of program changes
necessitating curtailment of the program to one van and less hours of operation, such
changes to go into effect July 19, 1982 and be in effect until the program's budgetary
situation improves. Mrs. Rasmussen seconded. Carried unanimously.
SEWER LINE MAINTENANCE
Mrs. Cannon moved to refer this matter to staff for follow up report to Council August 2,
1982. That Council have some policy of sewer line maintenance as County Sanitation
District. Mayor Siemens seconded. Carried unanimously.
RENTAL MEDIATION EXTENSION
Mayor Siemens suggested the extension of the Mediation Ordinance. Bobbie Crafford
spoke in opposition to the extension. Mr. Ferrito moved to direct the Town Attorney to
draft an ordinance extending said Mediation Ordinance and bring back to the Council
meeting of July 19, 1982. Mrs. Cannon seconded. Carried by a vote of three ayes.
Mrs/ Rasmussen voting no.
ADJOURNMENT
Mayor Siemens declared the meeting be adjourned at 12:05 a.m. to a closed session.
The meeting will not reconvene and Mayor will report on the closed session at the next
meeting.